Overweight and Overloaded Trucks
While commercial trucks are much bigger and heavier than other vehicles, there are limits on the amount of cargo they are permitted to carry. Not all truck drivers heed the applicable weight limits, however, and overweight trucks frequently cause collisions. Accidents involving commercial trucks can cause significant injuries and monumental costs, and the parties responsible for causing the accident should be held liable for any damages incurred. If you sustained injuries in an accident caused by an overweight or overloaded truck, truck driver fatigue, or another cause potentially arising from negligence, you can meet with legal counsel to discuss what claims you may be able to pursue. Eric Beasley is a Tennessee truck accident lawyer who is dedicated to helping injured parties seek compensation. Mr. Beasley has an office in Goodlettsville, and he regularly represents parties in cases throughout Middle Tennessee.Weight Limits Imposed on Commercial Trucks
Commercial trucks traveling in Tennessee must comply with the weight limits established by Tennessee law and the Federal Highway Administration. Under both Tennessee law and the federal regulations, the gross weight of a commercial truck cannot exceed 80,000 lbs. and each single axle is only permitted to support 20,000 lbs., while each tandem axle can only support 34,000 lbs. Many roads have specific weight limits as well, and trucks that are over the permitted weight are barred from traveling such roads, even if they do not exceed the weights permitted by law. Truck drivers are required to weigh their trucks at weigh stations to make sure they comply with the restrictions.Dangers Presented by Overweight and Overloaded Trucks
Trucks that exceed the weight permitted by law are a frequent cause of truck accidents. Excess weight can diminish the truck's braking ability, and the truck's driver may not be able to stop in time to avoid a collision. When a truck is overloaded, it can also change the way the truck operates and maneuvers, which can impair the driver's ability to control the truck. Overweight loads are also more likely to become unbalanced and shift during transport, which can result in a rollover accident. Tire blowouts are frequently caused by overweight trucks, as well.Lawsuits Arising out of Overweight or Overloaded Truck Accidents
Anyone involved in an accident with an overweight truck can pursue compensation for their harm via a civil lawsuit. In many cases, a plaintiff in a trucking accident case will be able to recover damages not only from the driver, but if the driver was operating the truck in the scope of an employment relationship, against the driver's employer as well. A seasoned truck accident lawyer can help you identify all potential defendants.
Regarding claims against a truck's driver, in most cases, the person injured will assert that the driver was negligent. In Tennessee, to prove negligence, the person injured must first show that the defendant owed the person injured a duty of care and that the defendant breached the duty. In cases arising out of trucks being overweight, the person injured will generally argue that the defendant had a duty to comply with weight limits and that the defendant breached the duty by overloading the truck. The person injured must then establish that the defendant's breach was the cause of the accident and that the accident caused the person injured to suffer actual harm.
If the driver's employer is named as a defendant as well, the employer may be held vicariously liable for the driver's negligent acts. The employer may also be liable under a theory of negligent hiring or negligent supervision if the person injured can show that the employer knew or should have known that the driver was unfit to perform his or her duties and posed a risk of harm to other people on the road.Meet with a Truck Accident Lawyer in Nashville
If you suffered injuries or lost a loved one in an accident caused by an overweight or overloaded truck, it may be in your best interest to meet with a capable attorney regarding your harm and what damages you may be able to recover. Eric Beasley’s office is in Goodlettsville, and he is available to represent people in trucking accident lawsuits in Nashville, and in Goodlettsville, Hendersonville, Murfreesboro, and Lebanon. Additionally, Mr. Beasley assists people in towns in Robertson, Davidson, Sumner, Wilson, Rutherford, and Williamson Counties, and throughout Middle Tennessee. You can contact Mr. Beasley through our online form or at (800) 431-2768 to set up a meeting.